Allowed

Javar Singh @ Amar Singh v. State of U.P.

Allahabad HC1 Apr 2019BAIL/3255/2019

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a case involving the Gangster Act after considering submissions regarding co-accused bail parity and period of custody without expressing an opinion on the merits.

What did the court decide?

Applicant released on bail with conditions including cooperation in trial, no tampering with evidence, no unlawful activities, and no misuse of liberty.

Javar Singh @ Amar Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3255 of 2019

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Applicant :- Javar Singh @ Amar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Usha Srivastava,Arjit Srivastava,Vinod Kumar Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.

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It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has been contended by the learned counsel for the applicant that coaccused, Kallan @ Purushottam Dikshit, Ramvir alias Kalaktar Khatik and Mahaveer, have been granted bail by this Court on 1.2.2019, 29.1.2019 and 5.3.2019 in Crl. Misc. Bail Application No. 45516 of 2018,Criminal Misc. Bail Application No. 4071 of 2019 and Criminal Misc. Bail Application No.125 of 2019, a copies of said order have been produced by the learned counsel for the applicant, which are taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 15.11.2018.

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Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused has been granted bail.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, I find it to be a case of bail.

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Let applicant Javar Singh @ Amar Singh, be released on bail in Case Crime No. 566 of 2018, under Sections 3(i) Gangster Act,Police Station- Kayamganj, District- Farrukhabad , on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate /court concerned, subject to following conditions:-

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i. The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.

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ii. The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any

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manner whatsoever.

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iii.The applicant will not indulge in any unlawful activities.

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iv.The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 1.4.2019

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aks

Javar Singh @ Amar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Javar Singh @ Amar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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